The Berkeley Technology Law Journal has now published three essays on the third party doctrine at least in part in response to my article. First, Richard Epstein wrote an essay offering his own take on the third-party doctrine, and at times responds directly to some of my ideas. Second, Erin Murphy wrote a short reply that is largely a critical response to my article. Finally, the BTLJ published a short response by me to both Epstein and Murphy.

If you have access to Westlaw or the paper journal, you can find the Epstein and Murphy articles here: Richard A. Epstein, Privacy and the Third Hand: Lessons from the Common Law of Reasonable Expectations, 24 Berkeley Tech. L.J. 1199 (2009); Erin Murphy, The Case Against the Case for the Third-Party Doctrine: A Response to Epstein and Kerr, 24 Berkeley Tech. L.J. 1239 (2009).